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Electronic Signatures now permissible in pleadings


 

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I'm sorry I meant to send this yesterday!

As of July 1, 2024, Va Code ¡ì 8.01-271.1 and Rule of Court Rule 1:5 allow for electronic signatures or digital image of the signature.

Rule 1:5
(2) When such firm name is signed to a pleading, notice, or brief, the name of at least one individual member or associate of such firm must be signed to it. Any such pleading, notice, or brief may be signed electronically or by inclusion of a digital image of the signature.?The electronic signature accompanying the document when filed constitutes that person¡¯s signature on the document for purposes of Code ¡ì 8.01-271.1.

¡ì 8.01-271.1. Signing of pleadings, motions, and other papers; oral motions; sanctions.
A. Except as otherwise provided in ¡ì¡ì 16.1-260 and 63.2-1901, every pleading, motion, or other paper of a party represented by an attorney shall be signed by at least one attorney of record who is an active member in good standing of the Virginia State Bar in his individual name, and the attorney's address shall be stated on the first pleading filed by that attorney in the action. A party who is not represented by an attorney, including a person confined in a state or local correctional facility proceeding pro se, shall sign his pleading, motion, or other paper and state his address. The signature of a person other than counsel of record who is an active member in good standing of the Virginia State Bar or a pro se litigant is not a valid signature. A minor who is not represented by an attorney shall sign his pleading, motion, or other paper by his next friend. Either or both parents of such minor may sign on behalf of such minor as his next friend. However, a parent may not sign on behalf of a minor if such signature is otherwise prohibited by subdivision 6 of ¡ì 64.2-716. The signature required by this section may be an electronic signature as defined in ¡ì 59.1-480 or a digital image of a signature. If a pleading, motion, or other paper is not signed in compliance with this paragraph, it is defective. Such a defect renders the pleading, motion, or other paper voidable.


Valerie L¡¯Herrou

Deputy Director, Center for Family Advocacy



Virginia Poverty Law Center
919 East Main Street, Suite 610
Richmond, VA 23219
Direct/Mobile: (804) 351-5276

Fax: (804) 649-0974

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